Crofting in the 21st Century 3/4/09
In May 2009 The Scottish Government issued a consultation paper on the Draft Crofting Reform (Scotland) Bill setting out the Government’s response to the findings of the independent Committee of Inquiry on Crofting and the Government’s proposals for legislation where it considers reform is needed. The draft Bill covers the following areas:
- Part 1 The Crofting Commission -Sets out a new constitution, powers and functions of the Crofter’s Commission
- Part 2 The Crofting Register - Provides for the establishment of a definitive register of crofts
- Part 3 Duties of Crofters and Owner/Occupiers - Sets out Crofters’ duties relating to residency, misuse and neglect of crofts. Provides a new definition of owner/occupied crofts and owner/occupiers’ duties
- Part 4 Standard Securities over Crofts - Sets out a mechanism enabling a crofter to grant a Standard Security over his interest as a tenant in a registered croft
- Part 5 The Occupancy Requirement - Defines a proposed Occupancy Requirement for houses on de-crofted dwellings and enables local authorities to enforce, suspend or remove the Occupancy Requirement. Sets out the penalties for breach of the Occupancy Requirement.
The consultation process
The Scottish Government has issued a Consultation Response Form seeking the views of interested parties. Responses to the Consultation Paper require to be submitted by 12 August 2009 to:-
The Future of Crofting Team,
Scottish Government,
Area 1-D,
Pentland House,
47 Robb’s Loan,
Edinburgh EH14 1TY.
Copies of the draft Bill and Consultation Paper are available on the Scottish Government’s website or from The Future of Crofting Team.
Further information
For further guidance on issues raised in this ezine or for any other crofting issue, please contact Alasdair Fox, Adele Nicol or your usual contact in our Land Resources Dept.
This bulletin is for general information only and does not constitute legal, investment or other professional advice. Please contact us should you require advice on any particular legal issue. Anderson Strathern LLP accepts no responsibility for any loss that may arise if reliance is placed on any information or opinions expressed in this bulletin.
